ECOWAS COURT IN THE CASE OF DAME GBELA GUELALO & 3 ORS FINDS CÔTE D’IVOIRE LIABLE FOR HUMAN RIGHTS VIOLATIONS AGAINST FOUR WOMEN DURING POST-ELECTORAL CRISIS

Abuja, 8th April 2025 – The Community Court of Justice of the Economic Community of West African States (ECOWAS) has today delivered its judgment in Case No. ECW/CCJ/APP/51/22, ruling in favour of four Ivorian women who were victims of sexual and gender-based violence during the post-electoral crisis in Côte d’Ivoire between 2010 and 2011. The Court found the Ivorian State liable for violating the women’s rights to physical and moral integrity, dignity, and personal security.

Case Background

The case was brought by Ms. Kaoume Tea Yvonne, Ms. Nouhouan Kouan Marie, Ms. Anicette Gbato Eldvige épouse Gompou, and Ms. Gbela Guelalo Christine, all citizens of ECOWAS Member States. The Applicants alleged they suffered grave human rights violations, specifically sexual violence, at the hands of armed individuals during the conflict that followed the 2010 presidential elections in Côte d’Ivoire.

In addition to seeking justice for themselves, three of the Applicants also sought redress for their deceased daughters who had suffered fatal abuse during the same period.

Despite filing criminal complaints in 2012, their pursuit of justice was effectively blocked by Ordinance No. 2018-669 of 6 August 2018, which granted amnesty to numerous individuals involved in crimes related to the crisis, thereby preventing prosecution of perpetrators and access to remedies.

The Republic of Côte d’Ivoire denied responsibility, arguing that the violations occurred in a context of national collapse and chaos, making it impossible to identify individual perpetrators. The State maintained it could not be held liable for acts committed by unidentified persons and that the amnesty ordinance had extinguished the legal basis for prosecution. The Respondent also counterclaimed for damages amounting to 2 billion CFA francs, alleging reputational harm.

Court’s Findings on Jurisdiction and Admissibility

The Court dismissed the Respondent’s preliminary objection challenging its jurisdiction, citing Article 9(4) of Protocol A/P1/7/91, which authorizes the Court to hear cases involving human rights violations committed in any ECOWAS Member State.

While acknowledging the Applicants’ standing as direct victims, the Court held that they failed to provide sufficient documentary evidence to act on behalf of their deceased daughters. As such, it found that part of the claim inadmissible.

Judgment on the Merits

The Court rejected the claim of violation of the right to life with respect to the deceased daughters due to insufficient proof. However, it found that the Respondent State violated the Applicants’ rights to:

  • Physical and moral integrity
  • Dignity
  • Personal security

These rights are protected under the African Charter on Human and Peoples’ Rights, the Protocol on the Rights of Women in Africa (Maputo Protocol), and international human rights instruments, including the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.

Court-Ordered Remedies

The ECOWAS Court ordered the Republic of Côte d’Ivoire to pay compensation to the Applicants within one year, free of taxes, as follows:

  • 30 million CFA francs to Ms. Kaoume Tea Yvonne
  • 30 million CFA francs to Ms. Nouhouan Kouan Marie
  • 30 million CFA francs to Ms. Gbela Guelalo Christine
  • 20 million CFA francs to Ms. Anicette Gbato Eldvige épouse Gompou

Judicial Panel

The judgment was rendered by a panel comprising:

  • Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge and Judge Rapporteur)
  • Hon. Justice Sengu Mohamed Koroma (Member)
  • Hon. Justice Edward Amoako Asante (Member)